Mr P Dyke and others v Sash UK Ltd (In Administration): 1804803/2020 and others

EMPLOYMENT TRIBUNALS

Case No 1804803/2020, 1804804/2020, 1804805/2020, 1804806/2020, 1804807/2020, 1804808/2020, 1804809/2020

Between

1. Mr P Dyke 2. Mr D Field 3. Mr S Field 4. Mr D Brook 5. Mr S Denman 6. Mrs M Ryal 7. Mrs S MitchellClaimant

Sash UK Ltd (In Administration) Heard on 10 February 2021 This has been a remote hearing, by remote video link (V): A hearing in person was not practicable because of the present restrictions due to Covid 19.Respondent

Before

Employment Judge D N Jones

Date 10 February 2021

JUDGMENT

The respondent having failed to present a response to the claims in accordance with rule 16; And the Administrator of the respondent having given consent to the claims proceeding in its email to the representative of the claimants dated 13 August 2020; And having considered the statements of claimants 1, 2, 3, 5, 6 and 7:

[1]The respondent failed to comply with the requirements of section188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.

[2]It is declared that the claims for protective awards are well-founded.

[3]A protective award is made in respect of the above-named claimants who were 1 of 2 Case Number: 1804803/2020 1804804/2020 1804805/2020 1804806/2020 1804807/2020 1804808/2020 1804809/2020 V employed by the respondent at their premises at Ferrymoor Way, Grimethorpe, South Yorkshire S72 7BN and who were dismissed as redundant on 12 June 2020.

[4]The protected period begins on 12 June 2020 and is for a period of 90 days, it being just and equitable to make the maximum award because of the complete failure to comply with the statutory requirements for collective consultation.

[5]The recoupment provisions apply.